Biswanath Somadder
4 IP cases indexed. Covers design, copyright matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
M/S.Devans Modern Breweries Ltd. v.Controller Of Patents And Designs And Ors.
The appellant challenged the refusal of design registration (Application No. 233798) by the Assistant Controller of Patents and Designs, Kolkata. The High Court found that the Assistant Controller overlooked previous judicial observations regarding consistent application of registration parameters and incorrectly assessed the originality of the bottle design.
Siemens Aktiengesellschaft v.The Controller General Of Patents, Designs and Trademarks & Anr.
Siemens Aktiengesellschaft appealed against an order passed by the Assistant Controller of Patents and Designs. The court found that the authority rendered the decision without granting the petitioner's representative a proper opportunity to clarify objections, despite the petitioner having requested accommodation for his absence. Consequently, the impugned decision was set aside and the matter was remanded for a de novo hearing.
Mr. Gigaram M.Patel v.The Assistant Controller Of Patents & Designs & Anr.
Mr. Gigaram M.Patel appealed a decision by the Assistant Controller of Patents & Designs regarding the cancellation of a registered design (No. 225589). The High Court set aside the original order, finding that the petitioner was not given adequate opportunity to produce the complete set of Yellow Pages necessary to establish the date of publication.
Radio Today Broadcasting Ltd. v.Indian Performing Rights Society Ltd.
RTB challenged IPRS's claim that it held exclusive rights to grant licenses and demand payment for the broadcast of sound recordings. RTB argued that its business was being threatened by IPRS, which claimed copyright over underlying works. The court ultimately granted a quia timet injunction restraining IPRS from initiating proceedings against RTB.
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